Anaheim Drug Crime Lawyer

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Drug Crime Attorney In Anaheim, CA

California has made sweeping regulatory changes regarding drug charges. However, the state still reserves the right to prosecute certain drug crimes. As with other convictions, these charges can carry long sentences, probation, and fines, in addition to state-sanctioned rehabilitation programs and addiction recovery programs. An experienced drug crime attorney who can advocate for their client is required when facing these charges. For those in the Anaheim area, The Law Office of Jacqueline Goodman can help.

Drug Possession Charges

Possession of drugs, sometimes referred to as “possession of a controlled substance,” is usually a felony offense. However, it may only be charged as a misdemeanor offense in the case of some narcotics. To be found guilty of drug possession, the state must show that the defendant:

  • Had command over the substance
  • Was aware of it
  • Understood it was illegal
  • Had enough of it to use

Possession can be divided into two categories: actual possession and constructive possession. Constructive possession can be achieved by storing the drug in a vehicle or home. Actual possession requires the defendant to have bodily control over the drug.

Finding an Orange County Drug Crime Attorney

Proper representation in any drug-related arrest is crucial for those facing drug crime charges. In Orange County, The Law Office of Jacqueline Goodman can provide expert criminal defense for those facing any drug crime indictments, ranging from simple possession to more serious charges like drug trafficking. For information on our practice, including a full list of our practice areas, visit our website and get in touch with us today.

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SOMETIMES BAD THINGS HAPPENTO GOOD PEOPLE

You Need Jacqueline On Your Side

I am committed to providing my clients with the trusted counsel and aggressive defense they deserve. I believe in redemption and helping people get second chances. I devote a significant portion of my practice to criminal justice reform and I have provided pro bono representation in impact litigation to change the laws to benefit every Californian.

No one is perfect, and everyone has flaws. A mistake should not define you, and our Orange County criminal defense attorney is ready to fight to protect your future, no matter the charges. Attorney Jacqueline Goodman is here to get you out of this difficult situation and put you back in the position you were in before your trouble started!

The Law Office of Jacqueline Goodman

DRUG TRAFFICKING CHARGES

In California, offering to or transporting, providing, supplying, distributing, or selling illegal narcotics into the state is considered drug trafficking. The penalty may be increased in addition to the standard sentence if the offender transported drugs or other controlled substances that would cause the charge to be classified as a felony under the Controlled Substance Act. These include:

  • Transporting them to places where their use is strictly prohibited, such as schools
  • Involving minors in the trafficking
  • Having a prior criminal history
  • Engaging in any other crimes in addition to trafficking

The sentencing for drug trafficking can be affected by:

  • The type of substance
  • The criminal charge
  • Any previous criminal history
  • How much was in possession at the time of the arrest

HOW ARE DRUG CRIMES PURSUED AT THE FELONY LEVEL?

Drugs in California are broken down into “schedules,” which categorize them by type. Most of these classifications are based on or entirely adapted from the Federal Control Substances Act. This organizes substances based on their acknowledged medical utility weighed against their propensity for abuse and addiction. There are five schedules recognized in California, with Schedule I containing the most hazardous substances like heroin and Schedule V containing the least harmful medications.

The type, intent to sell, and any additional crimes being pursued during a drug crime conviction will affect whether the conviction will warrant a felony conviction. The penalties for a felony-level drug conviction include:

  • Jail time
  • Fines
  • Losing the right to vote
  • Losing the right to own firearms

For example, if found guilty of felony drug possession with heroin, the penalty is five years in prison. However, for a felony drug trafficking charge with heroin, the penalty for a conviction can reach up to nine years in prison with up to $20,000 in fines.

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DRUG CRIME FAQ'S

Anaheim, CA

California law contains rules that specify how searches and seizures should be conducted. If these regulations are broken, the case against the defendant may be dismissed. The case may be dropped if criminal means were employed to obtain evidence of drug sales, such as:

  • Fabricating warrants for a search or an arrest
  • Employing unnecessary force or entrapment
  • Planting evidence
  • Fabricating the facts of the case in the arrest report or during the trial

POSSESSION WITH THE INTENT TO DISTRIBUTE

Narcotic “intent to distribute” can be demonstrated in criminal proceedings using either direct or indirect evidence. Law enforcement may occasionally have direct proof, such as the suspect’s admission that he had narcotics to sell or that the defendant sold to a police officer working undercover.  However, most cases focus on circumstantial evidence, such as scales, many baggies or bindles with drugs, or larger amounts of substances. The prosecution can support their claims with either direct or indirect proof. With the help of an expert criminal defense attorney, though, the claims made based on this type of evidence can be disproven in court.

Typically, the proof needed for conviction does not call for evidence that the unlawful narcotics were offered for sale. Even if it was not in return for anything of value, it is sufficient to demonstrate that the defendant knew to distribute or sell the drugs. Because of this, drug violations are sometimes referred to as drug possession with the intent to supply, distribute, or sell under the criminal laws of various states.

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